Warranty Conditions of Nykta GmbH

1. Voluntary Commercial Warranty

Nykta GmbH grants the initial purchaser a voluntary commercial warranty (manufacturer's warranty) on computer systems manufactured and distributed under the Nykta brand, in addition to the statutory consumer rights regarding legal conformity and remedies for defects.

The invocation of statutory consumer rights and remedies for lack of conformity is free of charge. The consumer's statutory rights, in particular claims arising from the statutory warranty of conformity against the seller, remain unaffected by this commercial warranty and are neither limited nor replaced by it.

The commercial warranty applies to material, processing, and manufacturing defects that occur during intended and normal use of the product within the warranty period.

2. Warranty Period

The commercial warranty period is 24 months from the date of purchase.

Optional warranty extensions may be selected at the time of purchase. If such a warranty extension has been acquired, the warranty period is extended up to 36 months from the date of purchase, in accordance with the term selected at the time of purchase.

The warranty period specified on the invoice shall be authoritative.

3. Scope of Application

The warranty applies to computer systems manufactured by Nykta GmbH and distributed under its brand.

The warranty is limited to the original purchaser and is non-transferable.

4. Warranty Remedies and Services

In the event of a warranty claim, Nykta GmbH will examine the defect and select the economically and technically appropriate form of remedy. At the discretion of Nykta GmbH, this includes:

• Repair of the product,
• Replacement of individual components,
• Replacement of the entire device,
• Provision of a technically equivalent replacement device, or
• Issuance of a current-value credit note.

There is no entitlement to a brand-new device or to a specific replacement model.

In the context of a repair or replacement, Nykta GmbH is entitled to replace components that are no longer available or can no longer be procured in an economically reasonable manner with technically equivalent or more powerful components. In this regard, components from newer product generations, different manufacturers, or with deviating technical specifications may be used, provided that the overall functionality and performance of the system are not impaired thereby.

Replaced components or devices shall become the property of Nykta GmbH.

The amount of a current-value credit note is 100% of the original purchase price within the first 12 months from the date of purchase. From the 13th month onwards, the amount of the current-value credit note is based on the current market value of the product at the time of the warranty event. To determine the market value, the average selling prices of identical or technically comparable used configurations on the eBay trading platform (Filter: "Sold items") within the last 14 days shall be used.

Upon acceptance of the current-value credit note, the warranty service shall be deemed to have been fully rendered.

For confirmed warranty cases, Nykta GmbH will provide the customer with a shipping label for the return of the product. The complimentary shipping label as well as the cost-free return shipping apply exclusively to the country in which the product was originally purchased. If the inbound or outbound shipping occurs from or to another country, the customer shall bear the additional transport and customs costs incurred as a result, unless otherwise agreed upon in writing in advance.

5. Warranty Exclusions

The warranty explicitly excludes, in particular:

• normal wear and tear,
• cosmetic defects without impact on the functionality,
• software errors, operating system issues, driver problems, or malware,
• malfunctions, faults, instabilities, incompatibilities, performance degradations, or error messages caused by software, operating systems, drivers, firmware, applications, games, updates, configurations, or their interaction, which are not attributable to a verifiable hardware defect of the delivered product. The determination of whether a hardware defect exists is carried out via diagnostic tools of Nykta GmbH,
• errors or limitations caused exclusively by third-party software, games, applications, copy protection mechanisms, anti-cheat systems, or their incompatibility with the current hardware or software status,
• data loss as well as costs for data backup or data recovery,
• damage caused by improper use or handling,
• damage caused by non-compliance with the operating or safety instructions,
• damage caused by external influences such as fire, liquids, overvoltage, lightning strikes, or force majeure,
• damage caused by improper transport,
• damage caused by improper repair, maintenance, or modification work,
• damage caused by the installation of unsuitable or faulty components,
• damage resulting from overclocking, undervolting, BIOS modifications, or comparable interventions,
• mechanical damage of any kind, in particular breakage, impact, drop, pressure, deformation, or transport damage.

Furthermore, the warranty excludes damages or defects resulting from continuous operation outside the intended purpose of use, in particular due to:

• cryptocurrency mining,
• data center operations,
• commercial hosting operations,
• continuous server operations,
• comparable applications, provided that they result in a continuous stress on the hardware that significantly exceeds standard private use.

The warranty also excludes complaints based on production-related or design-related characteristics that do not constitute a technical defect and do not impair the functionality of the product. This includes, in particular, minor fan noise, coil whine, electronic operating noises, as well as minor deviations in the LED lighting or comparable phenomena.

The warranty shall furthermore be voided if the serial number, model designation, or similar identifiers of the PC or its components have been removed or rendered illegible.

6. Modifications to the System

The replacement or expansion of components such as RAM, SSDs, hard drives, or expansion cards does not automatically lead to the voiding of the commercial warranty.

However, damages that are directly or indirectly caused by improper interventions, faulty installation, unsuitable components, or modifications to the system are excluded from the warranty.

The warranty exclusively covers the configuration originally delivered by Nykta GmbH as well as work performed by Nykta GmbH.

Components subsequently installed by the customer or third parties are not subject to this commercial warranty. The commercial warranty extends exclusively to the components originally delivered by Nykta GmbH as well as to work performed by Nykta GmbH.

7. Component Manufacturer Warranties

This commercial warranty applies exclusively to the system warranty granted by Nykta GmbH.

Independently of this, individual components of the system may be covered by separate commercial warranties from their respective component manufacturers. The invocation of such warranties is governed exclusively by the conditions of the respective manufacturer and shall, if applicable, be handled directly with them.

The customer is obliged to notify Nykta GmbH immediately in writing (e.g., via e-mail) of any independent replacement of components within the framework of third-party manufacturer warranties, stating the new serial numbers, in order to enable the verification of claims under the statutory warranty of conformity and the Nykta commercial warranty in the event of a replacement of one or more components by the respective component manufacturer.

Nykta GmbH assumes no obligation for the processing or enforcement of warranty claims against component manufacturers.

For the processing of warranty claims against third-party manufacturers – in particular the manufacturers of individual components – we charge a processing fee of €30.00 (including the applicable statutory VAT). This fee is charged exclusively if claims are to be settled outside of statutory conformity rights and outside of the Nykta system warranty (e.g., after the expiration of the 24-month system warranty while a multi-year warranty from the respective component manufacturer is still active). This fee covers the expenses incurred for shipping, handling, and administration. It is payable in advance and must be paid regardless of the outcome of the warranty claim. The decision on the recognition or rejection of a warranty claim is made exclusively by the respective guarantor according to their warranty conditions; we have no influence on this and assume no liability for the result of the examination. The fee does not apply if the customer handles the warranty processing themselves directly with the respective manufacturer. Upon request, we will support the customer in establishing contact and provide the necessary proofs of purchase.

8. Invocation of the Warranty

The prerequisites and the procedure for service, support, and warranty inquiries are set out in the currently applicable service conditions of Nykta GmbH.

Warranty claims must be asserted against the guarantor within the respective warranty period:

To verify a warranty claim, the submission of a proof of purchase may be required.

Prior to dispatching the product, the customer is solely responsible for performing a complete data backup. Nykta GmbH assumes no liability for data loss or for the costs of data backup or data recovery.

Shipments under the commercial warranty are permissible exclusively after prior approval by Nykta GmbH and under indication of an assigned RMA number.

If the inspection reveals that no warranty event has occurred, the customer shall bear the return shipping costs in accordance with the price list of Nykta GmbH valid at the time of return, provided that the customer recognized or through negligence failed to recognize that no warranty claim existed.

9. Final Provisions

Should individual provisions of these warranty conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected thereby.

The law of the Federal Republic of Germany shall apply, provided that this is not countered by mandatory consumer protection regulations.